dispenser pump during non-shop hours, thereby preventing any spills. Leaks or spills in the shop area during shop hours are not an issue as they are detected immediately and addressed by the shop staff in a timely manner. Compressed air required by the detail staff or others will still be available even though air is not available to the dispenser pumps. 2. Training Employees to Shut Down Air to Dispensers by Hand Valve is Not Effective: A hand-operated valve would do the same job as shutting the air with a solenoid valve, as discussed above. However, it is prone to human error. Shop porters or other shop staff will have to be trained and routinely reminded to ensure that they are carrying out the job of shutting off the air during non-shop hours. A shop porter trained to shut off valves can be on vacation, call in sick or simply be terminated, resulting in the discontinuation of the air shut-off procedure. An automatic valve with an in-line timer, as discussed above, does not have human limitations. The mechanical device must be tested for proper operation and serviced on a periodic basis. 3. Compressors on the Timer: Some dealerships have compressors with a timer to shut them down at the end of the work shift. However, there is enough air in the air-storage tank to empty the oil tank of hundreds of gallons when a leak occurs downstream in the hoses, dispenser or metering pump, even after the electrical supply to the compressor motor has been shut off. So, this procedure is of limited use in preventing spills. To prevent corrosion of the air tank, many companies have an employee drain the air tank daily. This procedure faces the same limitations discussed in the item above. Note: The devices and procedures discussed above may not be required by law or by local regulators. However, they are good engineering practices that, when implemented, minimize the possibility of a hazmat leak or a spill at your facility, thereby minimizing disruption to operations. Clean-up expenses and regulatory burden are also reduced. Scan the QR code to read about recent EPA enforcement settlements. https://www.epa.gov/newsreleases/epa-settlestwo-watsonville-calif-companies-claimschemical-safety-violations The article is for informational purposes only and is not to be considered legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to environmental, health and safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers in Arizona, California, Hawaii, Idaho, Nevada, New Mexico, New York, Texas and Virginia comply with EPA and OSHA regulations for over 35 years. To learn more, please email Sam at sam@cellyservices.com. NCDA.COM 9 • Labor Relations • Employee handbooks • Employment Law Counseling and Litigation • HR Policies and procedures • Independent contractor issues • OSHA Compliance and defense • Purchasing or selling a dealership • Staffing and contingent workers • Workers’ Compensation • Wage and hour law A driving force in labor and employment law for more than 70 years. Fisher Phillips brings valuable legal counsel to NCDA members. Our labor and employment law firm offers auto dealerships the following services: fisherphillips.com 4747 Executive Drive | Suite 1000 | San Diego, CA 92121
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